nikkioooo

Hey there,

My husband and I are sending in all of our paperwork but we are pretty confused on the I-131 form. He came here on a J1 visa, we got married a month ago spontaneously. We talked to someone from USCIS who said we needed to fill out the following forms: I-130, I-765, I-485, I-864, I-693 and then the I-131. We honestly can't see why we would have to fill out the I-131 since he's not leaving and it asks for 'date of intended departure' and so forth. Anyways, very confused and some help would be much appreciated! Also if you have any suggestions of what to file with all these forms besides whats qualified I'd love to here since we don't have the money for an attorney.

Thanks so much!

very true...

just curious to see what the majority would do, sorry if im being repetitive

Ok....

Here are the two options we're considering..

1. Get married on the J1. Consult 2 or 3 attorneys about the AOS on the J1 and see what the response is. Theres no harm in enquiring.

2.Get married onthe J1 and start the 1-130 process towards the CR1 immediatley and I guess continue that when he returns to Ireland and wait out the 8 months or so.

Which do yous consider the safer more sensible option?

So, when he comes on the J-1, i'm hearing we cannnot get married right away, and then I'm hearing that we should? If we get married ASAP would we start the 1-130 and then apply for the CR-1? (like you said slangofoil) and does this mean we get an AOS? this is what I'm terribly confused about. Do I need an AOS or not to be able to apply for the CR-1 after we are married? And I read in the guide that we should at least wait 60 days before getting married, I've no problems doing that, but we do need to get hitched within these 4 months, and if he has to leave afterwards while all that is being processed, so be it. Mrs. Finland what do you suggest that we do, I really dont want us to get in trouble about the J-1 so we are honestly willing to do anything at this point to avoid that!

Do not be confused.

You can do the AOS route but because it seems as if you are planning on using the J1 visa as a springboard to AOS, some feel that this will be a negative factor on your AOS journey,

Others have pointed out that your INTENT alone will not be a factor in denying your AOS.

Many have adjusted their status in the way that you are asking about and it is done. The problem is in your planning it.

I wouldnt advise you to get married straight off the ship when your boyfriend comes to the USA regardless. That marrying so fast is a clear flag to USCIS that your fiancé planned to come here just to get married, which he can not do.

You can get banned for a variety of reasons. JUst do not lie. When your finacee comes to the US and is asked for the purpose of his trip, he should be honest.

Definitely, we were planning on that. We honestly just had NO clue that this visa was going to cause us so much trouble. But when he got it at the time, we weren't planning to get married, we were just stoked that he could get any visa at all! We came to this decision a couple months ago, So now I wouldn't know how to make it look like we weren't planning or what we should do...

My boyfriend applied for the J1 WITHOUT intention of us getting married....after we looked at every other route of him staying here afterwards we decided we want to get married (NOT just for green card reasons) I had no idea that it was visa fraud to get married while he was here on that, All i knew what that he was able to get a visa for the four months! and thats what brought me onto this site was to get more information, and when we found out that he pretty much got the wrong visa in the first place, im trying to see what we can do to change that so we dont get denied or in trouble! were not trying to work the system or get a green card marriage, were trying to do this RIGHT. Obviously, we were NOT planning on getting married when he got in because if we were don't you think we would have tried to make our lives easier and just apply for the right visa in the fist place?

Also, his visa is not here yet because he had passport issues, not because we just applied for it

Couldn't edit my previous post...but more quotes to back up my interpretation. He hasn't even received the visa in the mail yet, so this doesn't seem like a plan that was hatched after applying. But sure, the OP can correct me if I'm wrong.

My boyfriend applied for the J1 WITHOUT intention of us getting married....after we looked at every other route of him staying here afterwards we decided we want to get married (NOT just for green card reasons) I had no idea that it was visa fraud to get married while he was here on that, All i knew what that he was able to get a visa for the four months! and thats what brought me onto this site was to get more information, and when we found out that he pretty much got the wrong visa in the first place, im trying to see what we can do to change that so we dont get denied or in trouble! were not trying to work the system or get a green card marriage, were trying to do this RIGHT. Obviously, we were NOT planning on getting married when he got in because if we were don't you think we would have tried to make our lives easier and just apply for the right visa in the fist place?

You know very well that INTENT (to adjust status) alone may NOT be used to deny an AOS petition, simply because the Field Adjudicator's Manual explicitly says so.

I have no dog in this hunt, but I fail to see the merits of scaring the O.P. for no reason.

Nikki, call 3 different immigration attorneys and ask them, all 3 will confirm that doing AOS in your position is a no-brainer.

All this information being thrown around from different people is so confusing! so we will be able to get a AOS and then we can get married so on and so forth?

It's not a matter of being "worth a shot" or not. It's visa fraud, and no one on VJ will advise you and your boyfriend to commit visa fraud. Do many people get away with that kind of thing? Sure, but that doesn't make it right. Immigration is, by nature, a tough and expensive process. You have to educate yourself about these kinds of things before making life-changing plans. I'm not trying to harangue you here, but seriously, for your own benefit and sanity, take a step back and do some research - then choose the best option, not the fastest/cheapest/worth-a-shot option.

And yeah, he'd have slim chances of getting a decent job here when his work auth would only be for 4 months. Even if you DID try to adjust his status after he came, he'd have to stop working between the time his J-1 expired and the time he got approved for an employment authorization document. That could be a few months.

we're not trying to "work the system" All were trying to do is be together which i'm sure that you understand. All I was trying to figure out was what we'd have to do after the 4 months is over so we can make that happen. Yeah, we should have done our research earlier, but were doing it now so there's no reason to get testy about it, thank for the info though

You can start the CR-1 the day after you are married, ie while he is still in the USA. If there are no problems, it should take about 7-10 months from the day you send off the papers to interview, so if you still are going ahead with the July wedding, he should be immigrating sometime in early spring 2012 (he can come visit you for Christmas on the Visa Waiver).

Alright perfect, thank you soooo much for your help! sounds like that's gonna be the best route for us

nks for all the help, we're lucky we enquired about this before we jumped striaght into it! One last question sorry! Approximatley how long will the CR1 process take after he returns from the J1?

is the I-130 / CR visa a tough exspensive route? Because hes leaving a job to come in June...will be looking for a job here in June, then returning to Ireland without employment, so its just a different way to what we had planned and want know as much about it as possible so we dont mess it up! thanks btw

The other possible fly in your ointment is that he's entering on a non-immigrant visa (J1) with all of his worldly possessions. A CBP officer may (and I want to emphasize MAY) question why he was bringing a lot of belonging for a summer work gig. So just keep that in mind as he prepares. It would be disappointing if he was denied entry and sent back home.

totally, I don't think he will be bringing much though so no worries on that.

so theres a very low chance of being able to change the J1 waiver status while hes here?? is it worth a shot or would it look suspicious somehow and maybe affect chances of further visa applications? Because thats the last thing we want.. We really had in our heads hed be able to stay after we got married but thats starting to look unlikey and is affecting our plans.

If he comes here on the J1 and I apply for the K1 sometime this week...when he gets here in June, and we get married before the 90 days is up...can he still stay in the US while everything is being processed? then what would we have to do after we were married? also anyone know how much the K1 will cost?

He could come here legally in June to visit (90 days on the visa waiver program), but he could not stay. The K1 will take about 7-10 months from the day you file the petition to interview, assuming no problems along the way.

There is a useful guide with step-by-step instructions on the K1 here: http://www.visajourney.com/content/k1guide

Thanks

ok, so! change of plan for us then! thinking of just going for the K1! he has flights booked in June, you think there would be anyway that he could still come here legally by then? How long does the K1 take? how much would it cost and what would I have to do?

ok, so! change of plan for us then! thinking of just going for the K1! he has flights booked in June, you think there would be anyway that he could still come here legally by then? How long does the K1 take? how much would it cost and what would I have to do?

What if we get married as soonas he arrives? We're going to be living together and getting a joint account etc. Would that not be enought grounds to have his J1 waiver status changed? What you guys opinion on the best way to get him here and not have him to leave legally? Cause he has flights booked for June

Also how much is the K1??

***** Moving from K3 to AOS from Work... forum as op's fiance is considering adjusting status from J1 *****

The J1 is not a dual intent visa. Thus, while you can certainly get married while he is here, he is not supposed to come here with the intent to get married and adjust status/ immigrate. Getting married so quickly after he arrives, and obviously planning it now, could cause issues with AOS. How long is his J1 for? The best option may be to get married, then apply for a CR-1 spousal visa; kit will take about 8-12 months to process, and he then returns to Ireland for the medical and interview.

Penguin, the J1 is for four months...once we get married and apply for the CR-1...can he stay here while its processing? This is the issue were having...he's planning on moving here not just staying for the four months, so when that J1 comes to an end, were trying to figure out a way that he doesnt have to go home and wait for two years or whatever to apply for a new visa!

So, it sounds like, once he gets that visa in the mail and he has no home requirement attached then there will be no problems? Also, if its sketchy that we get married a month into it, then we have no problems waiting...

should we cancel the J1 and get the K1 or will it not make a difference?

If we stick with the J1 and he IS subject to the home requirement would we for sure be able to change it??

Does the J1 visa have a home residency requirement? It would be printed on the visa itself.

Ugh were not sure yet! he's waiting to get in the mail, I asked someone in immigration the same question and they couldnt give my any information on what to do unless I knew that as well. does it make a big difference? I dont even know what that term means to be honest!

Hey everyone!

I am a US citizen and my boyfriend who's Irish is moving here in June on a J1 visa. We are planning on getting married in July...and we're thinking of going to Vegas to do it, but I heard that was a bad idea? I need to know if we need to hire an attorney, if not what paperwork do I need? Also, can he live here while everything is being processed? If anyone has any suggestions or knows what to do, help would definitely be appreciated